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The Rohtak District Consumer Commission in Haryana has directed a juice manufacturer to pay Rs 22,340 after a laboratory found a black rubber piece in one of its bottles and declared the litchi drink unsafe for consumption. The complaint was filed by a man who said the discovery embarrassed him while he was serving the drink to relatives during Bhaiya Dooj celebrations.

A bench of president Nagender Singh Kadian and members Tripti Pannu and Vijender Singh was dealing with the man’s plea seeking compensation alleging the presence of a foreign substance inside the juice bottle.

“From the laboratory report, it is established that the juice bottle sold by the opposite party contained a foreign substance and was declared to be unsafe food. Thus, the sale of such unsafe food to the complainant amounts to deficiency in service on the part of the opposite parties,” the October 15 order reads.

Exempting the retailer from the liability of quality control, the order underscored that, being the manufacturer of the product, the company is liable for the quality and safety of the product manufactured by it and, therefore, is liable to compensate the complainant.

The complainant purchased 40 bottles of 160 ml each of litchi juice from a food and beverages company for an amount of Rs 340 for the Bhaiya Dooj festival, which was being celebrated at his residence. His relatives were at his home for the celebrations.

The man claimed that when he served the juice to his guests, suddenly, one of the family members observed a black- coloured foreign body floating inside one of the juice bottles. He alleged that due to this, he felt embarrassed in front of his relatives.

It was claimed that the complainant had purchased the drinks, deeming the same to be from a quality-conscious manufacturer, but to his utmost dismay, the manufacturer had not followed the requisite parameters while manufacturing and packing the drink. The complainant approached the retailer, who asked him to contact the manufacturer. He alleged that, even after his repeated attempts, he failed to contact them.

Alleging deficiency in services as well as an unfair trade practice, the complainant sought refund and compensation for mental agony, harassment, and monetary loss.

The retailer contended that it had purchased the juice from the manufacturer in sealed and packed condition and sold it to the complainant in the same intact and sealed condition. The manufacturer and its managing director failed to appear despite service of notice and were proceeded against ex parte.

The commission observed that the complainant had established the purchase of 40 bottles of litchi drinks for Rs 340 through the tax invoice. Photographs submitted by him showed a black-coloured, round-shaped substance floating inside one of the bottles.

The commission noted that a sample bottle sent for analysis was examined by the food analyst, Haryana State Food, Water and Excise Laboratory, Chandigarh. The laboratory report found a black-coloured rubber piece in the sample and declared it “unsafe food” because the product was required to be free from such a substance.

Based on the laboratory report, the commission held that the bottle contained a foreign substance and that selling such unsafe food amounted to deficiency in service.

The judgment highlighted the manufacturers’ responsibility to ensure food safety and maintain quality standards. It established that selling a product containing a foreign substance declared unsafe by a laboratory can amount to deficiency in service, entitling consumers to compensation for harassment and litigation expenses.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Haryana helpline: 1800-180-2087) or dial the National Consumer Helpline at 1915 for assistance.

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